OCTOBER 21, 2017


As reported in a recent, accurate report by Integrity Florida, the watchdog over Florida electricity rates, and, the Herald/Times Tallahassee Bureau Oct 2, 2017 by Mary Ellen Klas, Integrity Florida  analyzed dozens of decisions made by the Florida PSC in recent years and concluded that there is an “inordinate focus on what additional money a [utility] company wants, at the expense of attention to what the public interest needs.”

“The report details what it calls ‘egregious voting and unfair rate-making,’ a selection process that allows the utility industry to heavily influence legislators and the governor – who appoint the regulators – through campaign cash and lobbyists, and a revolving door between the Florida Legislature, the PSC and the utility industry.” A pattern of conduct.

“Make no mistake, what we’re talking about today is corruption. It’s legal corruption,” said Ben Wilcox, director of Integrity Florida at a news conference Monday. “It’s institutional corruption but it’s corruption nonetheless.”

It’s Lovern’s position that it is ILLEGAL CORRUPTION, starting with, but not limited to, 18 U.S.C. § 242. [federal felony].

The most egregious constitutional violations are connected to the Woodford Gas Reserve Project (hereinafter “Gas Project”) between FPL [owned by NextEra Energy] & PetroQuest Energy, Inc., approved by the PSC in 2014, overturned by the Florida Supreme Court (FSC) in 2016. The PSC nullified the FSC and their Order to refund $24,532,560 when [post FSC Order] it “unanimously approved a $400 million Florida Power & Light rate hike for 2017, as well as a $411 million increase over the next three years despite arguments from opponents that the decision boosts company profits at a cost to consumers and allows FPL to fund natural gas expansions that it has failed to justify as the most necessary or cost-efficient option.” Integrity Florida. In reality the alleged refund ordered by the FSC is a mirage. The current PSC Commissioners thumbed their noses at the FSC and FPL customers. PSC Commissioners think they are above the law. That will change.

GOVERNOR SCOTT (Scott) had an obligation [duty] to remove from office PSC Commissioners EDUARDO BALBIS, LISA EDGAR, ART GRAHAM, JULIE BROWN and RONALD BRISE for their malicious, intentional, illegal, actions [FL Statutes, Title XXVII, Chap. 350 – s. 350.03, s. 350.041(g) & (h) (Commissioners; standards of conduct), s. 350.043 (Enforcement & Interpretation) & ss. 112.317 (Penalties)] in the Gas Project, as they were told by the Office of People’s Counsel and their own staff that approving the Gas Project was illegal, confirmed by the FSC in a unmistakable rebuke. PSC Commissioners take an oath of office – “I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida.”

Like Scott, PSC Inspector General, STEVEN J. STOLTING (Stolting) has conspired with PSC Commissioners and FPL et al, for failing to do his duty under Florida Law in connection to the Gas Project and recent unwarranted FPL rate hikes. ss. 20.055, which states – “Conduct, supervise, or coordinate other activities carried out or financed by that state agency for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its [PSC] programs and operations. Lovern spoke with Stolting who stated that no PSC Commissioner had done anything wrong. Stolting nullified ss. 350.041(g) & (h), which state – “(g) A commissioner may not conduct himself or herself in an unprofessional manner at any time during the performance of his or her official duties; (h) A commissioner must avoid impropriety in all of his or her activities and must act at all times in a manner that promotes public confidence in the integrity and impartiality of the commission.”

The former & current PSC Commissioners, FPL, NextEra, Scott & Stolting are in for a surprise because the U.S. Supreme Court (SCOTUS) (citation omitted) invigorated section 42 U.S.C. § 1983 when it held that the existence of a state law remedy [Administrative] did not preclude a federal claim. [The PSC losses control]. A federal remedy is supplementary to the state remedy, and the latter need not be first sought and refused before the federal one is invoked. The Court clarified the meaning of “under color of state law,” which it construed in an earlier decision as [m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of’ state law.

Where there is a deliberate failure to act, state inaction is unconstitutional when there exists a duty to act under equal protection (citation omitted). The question of liability as to Scott and Stolting comes down to whether a plaintiff can show a property entitlement arising from his reliance on a promise by the state. When the state, by its inaction has broken its own promise, it may not escape liability by invoking an artificial distinction between action and inaction.

FPL’s continuation of its criminal enterprise [RICO – unwarranted rate hikes] with the aid of the PSC, Scott & Stolting, ignored by Scott’s general counsel, Daniel Nordby, is likely headed to federal court where Lovern and his co-counsels will take back Florida and give it back to the taxpayers, breaking FPL’s stranglehold on about 5 million Floridians. As Mary Ellen Klas stated, “The watchdog over electricity rates for most Floridians has been captured by the utility industry and the result is costing consumers.”

The PSC’s arrogance, political greed, and stupidity, indicates they will not do the right thing, allowing FPL’s political contributions to lead PSC Commissioners around like they have a ring in their nose; and, making litigation unavoidable. It’s time PSC corruption comes to an end. All of NextEra’s billions will not be able to put FPL back together again. NextEra investors / shareholders, be aware. NextEra is facing hundreds of billions of dollars in legitimate federal liability.

Scott, Stolting, the PSC, FPL / NextEra, and their approximate 38 lobbyists, better wake-up and smell the coffee because federal lawsuits are coming, and hopefully federal criminal prosecution. [U.S. Dept. of Justice – Office of Civil Rights]. No state official involved has immunity, civil or criminal. [SCOTUS precedents].

FYI – State officials will not be using taxpayer money for personal legal expenses, as they have in the past. Pam Bondi, Florida Attorney General, is MIA. Lovern will be taking additional, appropriate actions against lawyers involved.

Stay tuned.



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